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1996 Supreme(P&H) 1134

AMARJEET CHAUDHARY
Vikas – Appellant
Versus
Harjit Singh – Respondent


Judgment

Amarjeet Chaudhary, J.

1. This order of mine will dispose of F.A.O. No. 297 of 1993 filed by Vikas, owner of the car on whom the liability to pay compensation has been fastened. Cross Objection No. 71-CII of 1994 filed by the claimant for enhancement of compensation and Cross Objections No. 41-CII of 1996 filed by the Insurance Company for dismissal of the appeal.

2. In brief, the case of the appellant is that he could not prove the Insurance Policy and driving licence which were on the record of criminal case as no specific issue in this regard was framed by the Motor Accident Claims Tribunal, Patiala.

3. The appellant filed Civil Misc. Application No. 1487-CII of 1993 in this Court and the Court vide its order dated 20.5.1993, after issuing notices to the claimant as well as to the Insurance Company, framed the following additional issues:-

1) Whether the vehicle in question was covered under a valid insurance policy on the date of accident?

2) Whether the person driving the vehicle in question at the time of accident possessed a valid driving licence?

The Court directed the Motor Accident Claims Tribunal, Patiala, which had given the award in the first instance, to affor






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